Animals in Units

Every pet application deserves a fair hearing

It's common for strata and community titled groups to have blanket "no pets" rules, but that approach doesn't hold up under scrutiny. South Australian law requires that each pet application be assessed individually on its merits.

What the law says

Strata Titles Act

The model Articles under the Strata Titles Act allow for pet consent. The Management Committee (if one exists) can make this decision with as little as 3 days' notice of a meeting. If there's no committee, a general meeting of owners needs to be called. Either way, each application must be considered on its own merits and the Courts have been clear on this.

Community Titles Act

The Community Titles Act doesn't specifically address pets. Many groups cover it in their by-laws, but if the by-laws are silent, pets don't require approval, they're simply subject to local council by-laws. Where approval is required, the same principle applies: consider each case on its merits.

Assistance animals

Under both Acts, animals for people with disabilities cannot be prohibited. This is non-negotiable.

The role of body corporate managers

Body corporate managers don't get a vote on pet applications. The decision sits with owners and/or the Management Committee. What a good manager should do is:

• Request a formal application with photos of the animal

• Pass that application promptly to the relevant officers

• Help facilitate a meeting (committee or general) to consider it

• Make sure the officers understand the legal requirements around fair consideration

What happens if an application Is refused

If the applicant or their landlord disagrees with the decision, they can lodge an application with the Magistrates Court. These matters are typically heard within a month or so, dealt with as small claims without lawyers. Costs are rarely awarded - each party bears their own.

Moving in with an unapproved pet

If someone moves in with a pet without getting approval first and the group issues a formal breach notice, the pet owner can respond by lodging a retrospective application with the body corporate. If it escalates to legal action, they can defend the matter in court. Again, these are small claims matters.

A note for landlords

If you're a landlord, don't give your tenant the green light to keep a pet unless you've first obtained approval from the body corporate or you're confident the group's by-laws permit it (or are silent on the matter). Skipping this step can create problems for everyone.

Pet application form

Use this form when applying to keep a pet at your unit or lot.

SA Pet Ownership Requirements (Dogs and Cats):

• Mandatory microchipping by 12 weeks of age

• Desexing by 6 months of age (for animals born after 1 July 2018)

• Registration on the Dogs and Cats Online database

If the applicant is a tenant, the lot owner or their managing agent must also sign to confirm they give permission for the animal to be kept on the property.

Get in touch

If you need assistance with your Pet Application, we're happy to help. Acacia Collective manages strata and community title groups across South Australia.

Call us on 1300 792 255 or email hello@acaciacollective.com.au.